Is it legal if the lease agreement is not notarized?

I have just signed a lease agreement that was handwritten and not notarized. I would like to know if it is legal. Thank you in advance.

FDVN’s opinion:

Regarding your request, after studying the legal provisions, FDVN Law Firm offers the following advice:

According to Clause 2, Article 122 of Law on housing 2014,  “Regarding transactions in giving houses of gratitude; sale or lease-purchase of state-owned housing; sale or lease-purchase of social housing, housing serving the relocation; contributed housing which one entity of contracting parties is an organization; housing lease, lending, permission for stay, or authorization of housing management, it is not required to notarize or authenticate the agreement, unless contracting parties wish to notarize or authenticate the agreement”.

Notwithstanding the lease agreement is authenticated and/or notarized or not, as long as it meets the conditions of leasing transaction and complies with the regulations on the content and the form of the agreement under Article 121, Law on housing 2014, it is legal.

The lease agreement comes into effect at the time agreed by the parties. Otherwise, it takes effect on the date of signing. Please note that due to being not notarized and/or authenticated, the lessor should pay attention to the identification papers of the lessee to avoid risks.

On the other hand, the lessee should take a look at the lessor’s identification and other documents related to the house to check the legal status of the house. In case the lessor is authorized by the landlord, the power of attorney must be checked carefully.

Above is FDVN Law Firm's opinion regarding your request on the basis of studying legal regulations. Hopefully, FDVN's opinion will be helpful to you.

Legal expert: Nguyen Thi Lan Anh

FDVN Law Firm

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